CBD Legalities

As cannabidiol oil’s popularity skyrockets it into mainstream consciousness, the questions of its legality become increasingly important. Legislation concerning cannabis and its related products are constantly changing as people are advocating for the legalization of cannabis. The question on everyone’s minds is, is CBD legal?

At the moment, nine states in the U.S. have legalized the recreational use of marijuana. As a result of this, the weed industry exponentially grew as businesses and the government are looking at the potential revenue streams it brings. Much of this is due to the popularity of cannabidiol. Cannabidiol is one of the hundreds of molecules in the cannabis plant. What makes it special is that it contains a number of properties that have the ability to alleviate a number of medical conditions including:

cannabidiol extract is combined with a carrier oil that allows you to ingest or vape the substance, bringing numerous advantages to both your physical and mental health. Unfortunately, the state of marijuana legalization is such an uncertain area. At times it seems like federal and state laws are at odds with each other. It’s an understandably confusing situation. We’ll first take a look at the federal legalities.

Is CBD Legal on a Federal Level?

The U.S. Drug Enforcement Administration currently classifies cannabidiol as a Schedule I drug. These are officially described as “drugs with no currently accepted medical use”. This is how cannabis is classified as a whole, and not just cannabidiol.

Hemp growers that also sell cannabidiol products will operate under the 2018 Farm Bill.

Insofar, the DEA has yet to go after cannabidiol users. It’s better to look at the legality of cannabidiol from a state perspective.

Cannabidiol Oil and State Legislation

There are only three states now in which cannabis is illegal in any form. These states are Idaho, Nebraska, and South Dakota. The legality of cannabidiol oil changes with each state.


The ten states that currently allow legal marijuana are: Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington. In 2008, Michigan became the most recent state to legalize cannabis.

In these ten states, you can visit a dispensary and purchase the oil legally. The only stipulation is that you be 18 years of age or older.

Additionally, there are a number of states that have legalized marijuana for medicinal purposes. These 23 states are Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maryland, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Utah, and West Virginia.

Missouri and Utah were the two most recent states to medically legalize marijuana. They did this in the 2018 midterm elections. Oklahoma passed medical cannabis legalization earlier in 2018.

Michigan already had legalized medicinal cannabis, which has been shown to be a good route towards full legalization. Many states still do not have an operating system in place to regulate the sale of medical marijuana. North Dakota, West Virginia, Louisiana, and Arkansas are all behind schedule. Ohio has spent two years struggling to have their dispensaries ready for the public. Please note, recreational use of marijuana is not legal in the states. However, some of these states have decriminalized the plant, which is another legal grey area. Connecticut, Delaware, Illinois, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New York, North Carolina, Ohio, and Rhode Island all have decriminalized marijuana. This means that if you are caught with small amounts of cannabis it won’t lead to an arrest or criminal conviction. It remains a civil offense. The amount you’re allowed to carry varies by state.

In states where medical marijuana is legal, you will need to consult your doctor to see if you meet the requirements in order to attain a medical card.

Now, there are 33 states where some form of cannabis is legal for consumption. There are three total states in which marijuana is completely illegal. This leaves you with fourteen states. Next, we’ll highlight the legality of cannabidiol oil in each of these states.

These 14 states have different laws on the medicinal use of cannabidiol. Some have strict regulation on the approval given for cannabidiol-based products.


  • Access depends on whether you are a part of a state-sponsored medical trial or have a debilitating condition. This is called Leni’s Law.


  • Cannabidiol oil can be legally prescribed to patients with medical conditions like cancer, MS, and Parkinson’s. The legal amount is 20 ounces of oil with no more than 5% THC. The cannabidiol in the oil needs to be of equal or great amount than the THC.


  • In 2018, state legislation passed to legalize the manufacture, sale, and use of cannabidiol oil providing that it does not have more than 0.3% THC. This means that you do not even have to be on a patient registry in the state to purchase the oil.


  • The Department of Public Health allows patients with cancer, HIV, and other conditions to have limited amounts of cannabidiol oil.


  • Individuals are allowed to purchase cannabidiol products with 0% THC.


  • State laws allow for state-sponsored production and growing of male plants.


  • It is legal for patients for epilepsy to use CBD oil products that have more than 15% CBD and no more than 0.5% THC. This must be
  • purchased under the guidance of a licensed doctor.

North Carolina

  • CBD oil is allowed for use by patients suffering from intractable epilepsy.

South Carolina

  • SC legalized CBD for patients with severe epilepsy disorders. Only trace amounts of THC are allowed.


  • CBD extracted from hemp is legal. Cannabidiol can also be prescribed to patients with intractable epilepsy.


  • Cannabidiol oil for intractable epilepsy patients is legal as long as the extract has over 10% cannabidiol and more than 0.5% THC.


  • Cannabidiol oil is legalized for any medical condition approved by a licensed doctor.


  • Cannabidiol oil is only legal for patients with epilepsy that have yet to respond to other treatments. Again, the oil here has to have high concentrations of cannabidiol and low amounts of THC.

2018 Farm Bill

The era of Hemp prohibition finally ended in December of 2018. With the passing of the 2018 Farm Bill, widespread cultivation is now more possible than ever.

The legality regarding cannabidiol oil is always changing. Hopefully the above serves as an aid as you pursue cannabidiol oil as a therapeutic means to help with whatever medical condition you’re dealing with. As cannabidiol oil becomes more and more mainstream, the easier it will be for you to consume without fear of legality or taboo.